PATENTS are a thorn on the side of Android's success. Now that Android and Linux are more tightly joined by the hip, defending one helps defend the other.
Many are trying, thanks to software patents. Patents have become a bane to the very essence of innovation. They are arsenals, ostensibly meant to defend but more often used to offend. Yahoo's lawsuit against Facebook over 10 patents further proves that weaponizing software patents is the last gasp of a dying business.
Which brings me to the news that Twitter is trying to patent one of the most instinctive gestures on the iPhone, what they call User Interface Mechanics. Anyone who has used a Twitter client on their phone knows to refresh the page: You "pull" it down and release. Others use this as well, like Google's Gmail mobile site.
But as Techcrunch noticed, this functionality isn't built into every core app on the iPhone (like the Mail app), and the reason is probably because it's potential lawsuit bait.
Not a lot of activity in the case yesterday. Only a couple of administrative filings. In the first (841 [PDF; Text]) the Court addresses what it expects to be somewhat crowded conditions in the public seating area of the courtroom at the beginning of the trial. In part this is due to the large size of the jury pool. So the Court has asked the respective parties to limit the size of their entourages.
Remember when there were all those scary headlines about Oracle suing Google for $6 billion for alleged patent infringement? Did that preposterous fantasy come true?
Instead, Google, without even any counterclaims of patent infringement to fire back, got almost all of Oracle's asserted patents tossed out as invalid by the USPTO in reexaminations. There's one left standing and another that might be valid if Oracle can successfully appeal a preliminary finding of invalidity by the USPTO, with a grand total of damages estimates from the court's independent adviser being less than a million, after adjustments, if Oracle can prove infringement, a very, very big IF.
Congratulations, Oracle, for shooting yourself in the foot.
Now there are some new scary headlines, like this one, "Why Google Might Be Going to $0" this morning about how much money Google will have to pay because Google is being sued by Vringo, Vringo calling itself I/P Engine in the litigation, with predictions that Google will surely settle to avoid being valued at zero by the time Vringo is done with it.
In the papers, Google argued that the trial could be shortened from its currently scheduled duration of eight weeks and sought to appear before US District Judge William Alsup instead of a jury. Oracle doesn't believe the trial schedule should be revised nor is it willing to waive its right to a jury trial.
Google estimates it will have to pay about $2.8 million if it's determined that Android infringes on two Java patents that are being reviewed in the case. The company, which is based in Mountain View, California, told Alsup that it's also prepared to pay 0.5 percent of Android's future revenue for one Java patent expiring at the end of this year and 0.015 percent of Android's future revenue for the other patent, which expires in April 2018.
The court papers don't explain how Android's revenue would be calculated. Google doesn't charge for Android, but makes some money from mobile advertising occurring on the software and third-party applications sold to run on the operating systems.
Comments
mcinsand
2012-04-03 18:56:21
http://www.groklaw.net/comment.php?mode=display&sid=20120402192119280&title=Oracle+v.+Google+-+Both+Parties+Take+Exception+to+Kearl+Expert+Report&type=article&order=&hideanonymous=0&pid=963317#c963329
The duopoly has continually found new anticompetitive lows to sink to, especially when it comes to keeping FOSS as an innovator to rob rather than innovate on their own. This has continued since Apple took the GUI from Xerox and MS plagiarized from Emacs for the Word for DOS interface. EULA and IP lines have become so incredibly blurred that no-one is safe from a baseless lawsuit.
mcinsand
2012-04-03 19:29:52
Dr. Roy Schestowitz
2012-04-03 19:34:18
mcinsand
2012-04-03 22:11:14
Dr. Roy Schestowitz
2012-04-03 22:13:21